R.M.SAHAI, S.K.MUKHERJEE
DAYA SHANKER – Appellant
Versus
CHIEF OF THE AIR STAFF, NEW DELHI – Respondent
( 1 ) CAN a person residing in a State invoke extraordinary jurisdiction under Art. 226 against an authority or government situated outside the State in respect of an order made or action taken by such government or authority outside the territorial limits of the High Court ? Put it differently, whether cause of action wholly or in part arises within meaning of Cl. (2) of Art. 226 in the State where petitioner resides ?
( 2 ) FOR this it is necessary to narrate in brief the circumstances in which Cl. (2) was added in Art. 226 by Constitution (Fifteenth Amendment) Act, 1963, Art. 226 (1) as it originally stood read as under :"notwithstanding anything in Art. 32, every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any government, within those territories directions, orders, or writs, including (writ in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose ). It was drastically amended by Forty Second Amendment, 197
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